Summary: Mr X complained about the Council’s refusal to allow him to dispose of waste at a recycling site on two occasions. We should not investigate this complaint, because we are unlikely to find fault in the Council’s actions which caused a significant injustice.

The complaint

1. Mr X complained the Council refused to allow him to dispose of a refrigerator at one of its recycling sites, as he did not have a permit for the trailer he used to transport it there. It then refused to allow him to dispose of some garden waste on a second occasion, due to the presence of the trailer, despite the items for disposal being in his car rather than the trailer.
2. Mr X feels he has been victimised and denied reasonable access to a service to which he is entitled. He says the staff at the tip were aggressive and rude.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information Mr X provided when he complained.
6. I considered Mr X’s comments on a draft version of my decision.

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What I found

7. The Council has a scheme, details of which are displayed on its website, that requires members of the public to display a permit before using a trailer to dispose of waste at waste disposal sites.
8. In early 2019, Mr X drove to one of the sites in the Council’s area with a trailer attached to the rear of his car, carrying a refrigerator that he wanted to dispose of. The staff at the site did not allow Mr X to dispose of the refrigerator because he did not have a permit for his trailer. The staff gave Mr X information about the permit scheme. Mr X later told the Council it was easier to dispose of items in a nearby lane than to deal with the staff at the waste disposal site.
9. Mr X drove to the site on a second occasion in 2019. This time, he brought garden waste on the rear seats of his car. His trailer was attached to the rear of his car, however he says the trailer’s contents were not to be disposed of. However, the staff would not allow him to dispose of his garden waste due to the presence of the trailer. He told the Council again that it was easier for him to dispose of items in a nearby lane.
10. The Council is entitled to refuse access to people who do not have the required permits, if it does so in line with its policy. We cannot question a decision if it has been made properly. I can see no evidence the Council did not properly apply its policy. The Council makes the rules clear on its website, and it provided Mr X information about how to apply for a permit which would have been free of charge. Mr X experienced some inconvenience due to being turned away on two occasions, but it is unlikely we would decide that was due to fault by the Council.
11. Mr X says the staff at the site were rude and aggressive. The Council apologised to Mr X. However, we cannot say now what happened during those conversations. We should not investigate this complaint.

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Final decision

12. The Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault in the Council’s actions or that we would find injustice Mr X experienced was caused by fault by the Council.

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Investigator's decision on behalf of the Ombudsman